Gardner v. Popcornopolis - Class Action Lawsuit

Update April 10, 2017 - Disbursement finally made in March of payments to Class Members

That's right. The payments have gone out.

If you believe you are a class member in this case, you should have gotten your check late last month. if you did get your check, it needs to be cashed within 180 days of the date on the check.

We want you to understand that our office DOES NOT know who the class members are unless they contact us and it’s been verified by the Third Party Administrator (the “TPA”), in this case, CPT Group.

So if you are a member of the class - or feel you should be - and didn’t receive any payment by now, please immediately contact CPT Group, the third party administrator (“TPA”) handling the payments, to ask about your situation.

The TPA is in charge of making sure the payments go out. So if you moved, you may not have gotten a check. Or it might have been lost. Or it might have been mis-delivered. Whatever the case, if you feel you should have gotten a check, contact the CPT right away. Here is its contact case manager’s information:

Thanks again for helping us bring this case to this conclusion. If you have any questions or comments, please feel free to call or email us at tom@falveylaw.com.

Also, we want to let you know that we are now representing people who receive robo-calls, unwanted faxes, or recorded messages on cell phones or faxes. If you’re being bothered by such unwanted invasions, please contact us.

UPDATE - December 30, 2016 Motion for Final Approval Granted!!!

This morning Mike Boyamian and Armand Kizirian of our office appeared before Judge William Highberger where our Motion for Final Approval of our settlement in this case was granted.

Once again, we remind you, if you believe you qualify to be a class member in the this case, to please be on the lookout for a check, sometime, we hope, in the next 10-12 weeks.

If you do not receive it by the end of February, please contact CPT Group, the third-party administrator which is coordinating the mailing of the settlement notice packets at that time. Those notices should go out sometime later this month. You may call CPT at (800) 542-0900 or (844) 498-2518;

And another reminder. You will only have 180 days to cash your check as set forth in the settlement. Please keep that in mind. Some people hold on to them - for valid reasons, perhaps - but they have to keep that time limit in mind.

Finally, be sure to call our office if you have any questions about your employment with Popcornopolis or regarding any other employment matter you might have now, or have had in the past. Perhaps we can assist you in that regard as well.

Thanks very much for your patience in regard to the timing in the prosecution of this class action.

UPDATE - September 19, 2016

Motion for Preliminary Approval Now Granted for the case we brought on behalf of product demonstrators who were employed by Defendant as part of Defendant’s Road Show in the State of California during the period of August 27, 2009 until September 19, 2016.

As we know that you've been wondering about it, we're pleased to announce that we expect that notices of the settlement should be going out in the next few weeks regarding the approval of our settlement.

If you believe you qualify to be a class member in the this case, please be on the lookout for your settlement notice.

If you do not receive it by Thanksgiving, please contact CPT Group, the third-party administrator which is coordinating the mailing of the settlement notice packets at that time. Those notices should go out sometime later this month. You may call CPT at (800) 542-0900 or (844) 498-2518.

In the meantime, please note that no claim forms will be required. If you want to participate in this settlement, all you need to do is make sure that the settlement notice reaches you at the proper mailing address.

If the judge gives his final approval of the settlement, checks will be mailed out to those same addresses on file. Based upon the Court's prescribed notice requirements, checks would not be mailed out for several months. Yes it takes that long. No, there’s no way we can speed it up. Yes, we also wish it would happen sooner.

Assuming (as we certainly hope) that we will be successful in having final approval of this settlement granted, you will only have 180 days to cash your check. Please keep that in mind.

Finally, be sure to call our office if you have any questions about your employment with Popcornopolis or regarding any other employment matter you might have now, or have had in the past. Perhaps we can assist you in that regard as well.

Thanks very much for your patience in regard to the timing in the prosecution of this class action.

UPDATE - October 26, 2015

More information keeps flowing in. For example, we’ve seen how far many of you had to drive - long distances - from one Costco to the another the following week. Were you paid for ANY of your drive time?

Perhaps you have copies of old Scheduling Tempates. You know, the kind that shows where you would be working from week to week. Some of those appear to go as far as 50 or 60 miles or more from one week to the next. Were you only paid for your scheduled time, and not paid for that distance?

If you weren't paid for that drive time, please call us, so we can discuss the case further with you.

Even if you already signed any document that Popcornopolis wanted you to sign after this lawsuit was filed. Call us. We look forward to hearing from you. Thanks very much.

Plaintiff's Allegations

A proposed class-action lawsuit has been filed by David Gardner ("Plaintiff") against Popcornopolis, LLC, on behalf of individuals who were employed by Defendant as a member of a product demonstration team for Popcornopolis’ “Road Show” during the four years preceding the filing of the lawsuit on August 27, 2013. The case was filed in Los Angeles County Superior Court, as Case No. BC 519587 (a copy of the complaint is attached). In this lawsuit, filed on behalf of himself and all others similarly situated, Plaintiff Gardner contends that Popcornopolis did not comply with the requirements under California law for payment of wages. If successful, a class action allows former and current employees to receive back wages that are owed to them.

The court has not yet ruled on any of Plaintiff's allegations or determined whether the case is appropriate for class action status.

If you worked for Popcornopolis as a product demonstration team member for Popcornopolis’ “Road Show” in California at any time since August 27, 2009, we would like to speak with you. Please contact us by either calling our office at 626.795.0205, by mailing us at 550 North Brand Blvd., Suite 1500, Glendale, California 91203, or by emailing us attom@falveylaw.com.